8 Amendments of Constanze KREHL related to 2016/0284(COD)
Amendment 45 #
Proposal for a regulation
Recital 8
Recital 8
(8) The ancillary online services covered by this Regulation are exclusively those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time periodbefore, during or after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-callede.g. catch- up services or previews). In addition, ancillary online servicesthey include services which give access to material which enriches, makes more accessible or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, tAn online service may also consist of online content from a broadcasting organisation which chiefly provides access to works that have been produced, co-produced or commissioned under its own editorial responsibility and are only broadcast online. The provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online serviceand webcasting will fall within the scope of this Regulation.
Amendment 60 #
Proposal for a regulation
Recital 12
Recital 12
(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks and via an internet access service in accordance with Regulation (EU) No 2015/2120 of the European Parliament and of the Council, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should only be excluded from the scope of this Regulation asif those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limitedey cannot ensure a controlled environment and their services do not have a clearly definable user group when compared for example to cable or closed circuit IP-based networks.
Amendment 91 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) "ancillary 'online service"' means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with or for a defined period of time, before, during or after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast; or a broadcasting organisation’s online service which chiefly makes works produced, co- produced or commissioned under its own editorial responsibility available online. (Horizontal amendment. ‘Ancillary online service’ is to be replaced by ‘online service’ throughout the text).
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, in a closed environment, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission has the same characteristics as the cable retransmission and is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.
Amendment 118 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(1a) Paragraph 1 shall not apply to online services which, taken as a whole, are primarily and mainly targeted at an audience outside the Member State in which the broadcasting organisation is established. Paragraph 1 shall not undermine the principle of territorial exploitation of rights or contractual freedom in copyright law, and shall be without prejudice to the rights set out in Directive 2001/29/EC.
Amendment 124 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
(2) When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.
Amendment 130 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2a) The competent jurisdiction for disputes with regard to the exercise of the rights resulting from this Article shall be that of the Member State in which the broadcasting organisation is established.
Amendment 140 #
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
(5a) Member States shall ensure that, in connection with the integral reutilisation of broadcasting organisations’ online services, a collective contract, signed by a representative association including users of the works or associations of users for a set group of works, can be extended to rightsholders of the same group who are not already represented by the representative association. The unrepresented rightsholders may object to this extension at any time and manage their rights individually or collectively in another grouping.